A broken nose is a common injury during military service. The medical term used for this injury is a deviated septum.
Many of the veterans who suffer a deviated septum also develop sleep apnea during service or after their military service. There is medical evidence which suggests that a deviated septum can cause or contribute to the development of obstructive sleep apnea.
Veterans in this situation may often already be service connected for their deviated septum. If these veterans also develop sleep apnea, they can make a claim for secondary service connection of this condition as it relates to the deviated septum.
What is the medical science behind sleep apnea causing a deviated septum?
Basically, here is a little bit of my understanding of the science behind this. A deviated septum obstructs the airflow through the nostrils into the body. So, when someone is sleeping with that obstruction, it creates negative pressure when their chest rises and tries to fill with air in the lungs. This causes closure of the airway, which then is what results in the apneas or the stoppage of breathing.
That deviated septum is what causes that obstruction. If the deviated septum causes the obstruction and the obstruction causes sleep apnea, then you should be service connected for both of those conditions because the sleep apnea is a secondary condition of the deviated septum.
Are there other ways to prove that my sleep apnea is connected to my military service?
Direct service connection often hinges on showing that your sleep apnea started during your military service. You generally show this by proving that you had sleep apnea during your military service. You may be able to show this through buddy statement testimony that indicates that you had the symptoms of this condition during service.
I also speak to many veterans who were diagnosed sleep apnea soon after service. When you receive your diagnosis will often matter in this situation because sleep apnea often comes on gradually. If you receive your sleep apnea diagnosis soon after service, you may be able to demonstrate that you actually developed it during service.
Take the situation of a veteran who is diagnosed with sleep apnea within a year of time in service. The sleep apnea did not necessarily start when the diagnosis occurred. In that situation, the sleep apnea could likely have started during service but was not actually diagnosed until after service.
VA likely will still deny your claim because you did not have that in-service diagnosis. We see this all the time. If you review what the symptoms of sleep apnea are, you may realize that you would, potentially for benefits by demonstrating that you had sleep apnea during service.
If you are in the situation where you were diagnosed with sleep apnea soon after the end of your service, you should seriously consider filing a claim for service connection and appealing your claim if VA denies it. If you can show that the sleep apnea was incurred in service, you should be eligible for service connection.
Can I prove sleep apnea from a deviated septum through direct service connection?
Yes. You do not have to limit your claim to an argument that your sleep apnea developed secondary to your deviated septum. You may also be able to present good evidence that it started during your military service.
If you can present this evidence, then it gives VA two ways to grant service-connection. They could grant direct service connection based on your sleep apnea starting during service. If they conclude your sleep apnea did not start during service, they could still grant you secondary service connection based on the deviated septum causing your sleep apnea.
Whether you win through direct service connection or secondary service connection, your sleep apnea is still service connected. Because of that, you will likely want to make both arguments in your claim if there is evidence to support them.
Travis Studdard is an attorney who focuses on representing veterans in VA disability compensation claims. He regularly writes about issues that are important to veterans and their families.
You can subscribe to his Veterans Disability channel on YouTube.
I could not have asked for a better lawyer to represent my worker comp. case. Any questions I had during the process was always answered in a timely manner. Mr. Perkins really cared about insuring that I wasn't being taken advantage of during this process and helped us reach a settlement that I feel comfortable with. I would recommend this firm to my parents or children.syndel Laber
I'm so thankful and grateful for all the hard work Jason, Tina and Liz did for me. They went above and beyond to get the best outcome for me. They took the to explain everything that was going on with my case again I'm so thankful grateful and happy with the outcome of my workers comp case.Adrian Adams
First off, I must say thank you again to the office of Perkins Studdard. I appreciate all the hard work and dedication your office has shown to achieve a successful and happy outcome. You have forever changed my family’s life!
Also, I wanted to give a special shoutout to Jessica Hyatt for her excellent attitude, advice, and overall professionalism throughout every step of this process.
This journey has finally been complete after more than a decade of being denied and almost giving up. However, two of my old coworkers advised me that the office of Perkins Studdard had also successfully helped them achieve their proper rating too.
Needless to say, this has been one of my best decisions in life. I can now sleep a little better and stress free knowing I finally got what I deserved all along.
Once again, thank you for everything! And shoutout to Travis Studdard, “we did it.”
Respectfully,
Jonathon FloresJonathon Flores
My family and I are so grateful for Jason Perkins and his team. Jason explains thing's to detail and walks you through every step of your case. I would highly recommend Perkins Studdard for your legal needs. Thank you so much Jason and Tina!Chapin & Lea Anne Warner
The best I know for workers comp attorney'sDenise Williams
Jason really has helped me so much through this hard experience I have went through! And the ladies in the office was wonderful with any and everything I had questions about! I highly recommend using this lawyer office to everyone and Jason Perkins for sure!! Thank y'all for everything and making it easier to get through this long though experience!
James HammittJames Hammitt
Thank you so much ! I received excellent representation from the entire Perkins Studdard Law firm, my VA claim was resolved and granted in a timely manner, they were hands on with me during the entire process. I would definitely recommend the firm to any veteran deciding to file a VA claim.Darrell Lynn
I would like to thank the law firm of Perkins-Studdard (Travis) and his team, for performing such an outstanding job, at every possible level, during my recent situation with the VA Disability Claims . From the first time I called and spoke with Mr Studdard with an overview of my situation, until the final settlement was executed (successfully I may add), I always felt that I was in good hands with this firm. Everyone in the office, Jessica, and April were responsive, approachable, knowledgeable, good listeners, and extremely professional. Mr. Studdard was realistic of the circumstances and of the potential difficult process that would lay ahead, should I proceed. I can’t say enough about Travis, and I will always be thankful to him. Travis was committed, and he instilled a real sense of confidence during both the highs and the lows. He ultimately prevailed and the outcome was very much in my favor. Of course, each case is different on its own merits and one can never predict how things ultimately will turn out. All I know is that the settlement far exceeded my expectation. Mr. Studdard has been a blessing to me.
I strongly recommend that anyone who would find themselves in a similar legal situation with the VA to contact Law Offices of Perkins Studdard for a consultation. It was a very positive experience given the circumstances. Thank you again, I shall forever be in your debt.Concetta Hogg
Mr. Perkins, I cannot express enough how thankful I am for your exceptional representation. Your hard work, expertise, and unwavering commitment to my case have left an indelible mark. Thanks to you, I can now move forward with my life, confident that justice has been served.Esli Roque
Travis and his team have been a blessing for me and my family. They have done an amazing job in helping me navigate the VA appeals process. They kept their eye on the ball all the way through the long, difficult and confusing process. I highly recommend Travis and his team because thanks to their professionalism and know how, I got the benefits I deserve.Daniel patriot
I understand you want your VA claim to be done as quickly as possible. But remember the ultimate goal – to win your VA disability compensation claim.
You may eventually get there on your own, but it may be after a series of decisions by the Regional Office and Board of Veterans Appeals. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. If you are interested in avoiding unnecessary delay in your claim and want to do everything you can to maximize your chances of success, it is probably a good idea for you to consult with an accredited veterans disability attorney.
We would be happy to talk to you. If you would like a free consultation with our Perkins Studdard veterans disability attorneys just click here or give us a call to begin the process.
